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(영문) 수원지방법원 2016.01.21 2015고단1439

도로교통법위반(사고후미조치)

Text

Defendant shall be punished by a fine of KRW 1,300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C25 tons truck.

On January 30, 2015, the Defendant driven the above truck on around 18:03, and had it proceed to the direction of Osan in Seoul, depending on the road front of the National Highway Design Group No. 7991, as the Gyeong-gu, Suwon-gu, Suwon-gu, Suwon-si, Suwon-si.

In such cases, drivers shall accurately operate the steering system, brakes and other devices of motor vehicles, and have the duty of care not to drive motor vehicles at a speed or in such a manner as may cause any danger and injury to others according to the road traffic conditions and the structure and performance of motor vehicles.

Nevertheless, the Defendant was negligent in neglecting the front of the road, and the Defendant shocked 1 g of the street trees on the right side of the road on the truck by adjoining articles, which led to a small number of street trees on the road.

The Defendant destroyed the street trees owned by the Si/Gun/Gu office in Suwon-si by negligence in the course of performing the above duties to cover the cost of restoring the original state, which is equivalent to KRW 3,574,00, but did not immediately stop and run away without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. Location map, on-site photographs, and dismantled photographs of roadside trees;

1. Application of the written estimate statutes;

1. Article 148 or 54 (1) of the Road Traffic Act concerning facts constituting an offense (the occupation of measures not taken after an accident);

1. Selection of a selective fine (such as the fact that the defendant is against his gender, the fact that the defendant is subscribed to the mutual aid association for motor vehicles, the fact that there is no penalty imposed in excess of the fine after 1977, the situation of home, etc.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;